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January 2018 Archives

'Before the duty to accommodate, the duty to inquire'

If the duty to accommodate is a well-known concept, the duty to inquire is a fuzzy notion. The principle is that an employee seeking accommodation for a disability is under a duty to disclose sufficient information to her employer to enable it fulfill its duty to accommodate. However, current decisions from various tribunals have shown, in accordance to the previous rules, that an applicant will not be held to a high standard of clarity in communication.

Ontario Superior Court Recognizes Workplace Harassment as Independent Cause of Action

In a recent case titled Merrifield v. Canada (Attorney General), the Ontario Superior Court of Justice affirmed that the tort of harassment is a valid cause of action and may be pleaded against an employer by an employee.

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